![]() THE DEFAULT RESULTS IN A FINAL JUDGEMENT WITHOUT PRIOR NOTICE, AND A SALE OF YOUR PROPERTY WITH LESS THAN 30 DAYS FOR YOU TO TAKE ACTION. MOST IMPORTANTLY, YOU MAY NOT RECEIVE THE NOTICE OF HEARING AND MOTION FOR DEFAULT FINAL JUDGEMENT. UPON A DEFAULT, THE BANK’S ATTORNEYS ARE NOT REQUIRED TO PROVIDE YOU WITH HEARINGS, PLEADINGS, FILINGS, AND MOTIONS. IF A DEFAULT IS ENTERED AGAINST YOU, THE ONLY ISSUE THAT CAN BE RAISED IS THE AMOUNT OWED. Receiving timely notice of the failure to pay. WHEN A DEFAULT IS ENTERED, YOU HAVE ADMITTED TO: DEFAULTS ARE OFTEN OBTAINED THROUGH IMPROPER SERVICE.ĭO NOT LET A DEFAULT BE ISSUED AGAINST YOU. QUITE OFTEN THE BANK’S LAWYERS WILL SERVE BY PUBLICATION TO EXPEDITE A DEFAULT. ONCE THE HOMEOWNER IS “SERVED”, A “RESPONSIVE PLEADING” MUST BE FILED WITH THE CLERK OF COURT AND THE LENDER’S ATTORNEY WITHIN TWENTY (20) DAYS OF SERVICE. FAILURE OF A HOMEOWNER TO FILE A RESPONSIVE PLEADING WITHIN 20 DAYS FROM SERVICE MAY RESULT IN A DEFAULT. DEFAULT YOU NO LONGER CAN DEFEND YOUR HOME. THIS IS ANOTHER EXAMPLE OF THE BANK'S GREED VIOLATING YOUR RIGHTS AS A HOMEOWNER.ĥ. LEAVING THE COMPLAINT AT YOUR FRONT DOOR IS NOT SERVICE. When this occurs, we can quash service and stop the foreclosure from moving forward. ![]() ![]() It is common for Plaintiffs' firms to use service by substitution or publication, by avoiding individual service, without exercising “ due diligence”. We have seen countless examples in which an individual “ accepted” service without authority on behalf of the homeowner. Service by substitution and publication can be challenged by examining the “ affidavit of service” generated by the bank’s process server. This is common for investment owners who receive rent, snowbirds, or relatives living in the family home. It is primarily utilized when an individual homeowner does not live in the foreclosed property. Service by publication occurs when the lawyer notifies the homeowner by publishing the foreclosure complaint in a local newspaper where the foreclosed property is located. Substitution service occurs when a process server hands the complaint to a relative living in your home. Service simply means that a copy of the complaint must be served by: (1) Individual service. Individual service occurs when the lawyer’s process server hands you the complaint at your home or work. ![]() We can help whether it is before the foreclosure action is filed, after it is filed, and even after final judgement.Īfter the complaint is electronically filed with the clerk of court, your lender will attempt to “ serve” you with the foreclosure law suit. That is why a mortgage foreclosure defense lawyer is necessary. Homeowners who’ve made payments on loan modifications have been forcibly removed by the sheriff when financial entities and their lawyers are concerned only about their bottom line and not the law.įinancial institutions and their lawyers use the court system as a sword. Homeowners who’ve had the money to save their home were evicted. The phone calls, threatening letters, and unannounced representatives from your lender can be unbearable and intrusive.Īll too often we have seen homeowner’s rights trampled when there is not a proper defense presented. ![]() Whether it's due to medical bills, loss of income, or death of a spouse, we understand. Most homeowners have fallen behind on their mortgage payments. ![]()
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